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HomeMy WebLinkAboutContract 60994CSC No. 60994 CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT STANDARD AGREEMENT FOR GEOTECHNICAL AND MATERIAL TESTING SERVICES This agreement ("Agreement") is between the City of Fort Worth, a Texas home -rule municipality ("City"), and TSIT Engineering & Consulting, LLC, authorized to do business in Texas ("Consultant"), for a project generally described as: Geotechnical and Material Testing Services for Developer Projects ("Project"). City and Consultant have negotiated fixed rates for the Professional Services for the benefit of the Development community and to ensure that the construction of community facilities which will become assets of the City are built to a consistent standard. Article I Scope of Services (1) Consultant hereby agrees to perform Geotechnical and Material Testing Services for Developer Projects Professional Services as set forth in the Scope of Services attached hereto as Attachment "A". A Developer or designated member of Developer's team ("Developer Team"), may access these Professional Services pursuant to a valid agreement between the City and the Developer for the construction of community facilities. (2) Developer or member of the Developer Team shall arrange for Professional Services from Consultant pursuant to a generally acceptable written task order form of Consultant's or Developer's making ("Task Order"). Additional Consultant services, if any, may be requested by a Developer at Developer's sole cost. Article II Compensation The City has arranged certain prices and fees payable by a Developer to Consultant. Except as otherwise provided herein, the City has no financial obligation to Consultant under this Agreement. Consultant shall be compensated by a Developer in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete a Task Order. The Consultant shall provide all test results and invoices to the Developer with copies to the City. Payment by Develope fo se vices ende ed shall be due within thi ty (30) days of receipt by Developer of Consultant's invoice for payment of same, provided there is no dispute regarding the performance of the particular services so ordered. Payment for additional Professional Services resulting from a retest or cancellation for a City of Fort Worth, Texas Geotechnical and Material Testing Services Contract for — Developer Projects 2024-2029 Page 1 of 16 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX given project is the responsibility of the Developer. Consultant shall be paid directly by Developer for all services rendered under this Agreement, and evidence of such payments shall be provided to City prior to the project's completion. Failure of Developer to pay Consultant will result in the City withholding final close-out documents from the Developer until Consultant is paid. Acceptance by Consultant of Developer payments shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such Professional Services. Article III Term (1) Unless terminated pursuant to the terms herein, this Agreement shall be for a term of five years, beginning upon the Effective Date. (2) The term of this Agreement shall not act as a bar for Consultant to complete work on any project or work order entered into prior to the expiration of the Agreement. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. Article VI Indemnification The CONSULTANT, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, City of Fort Worth, Texas Geotechnical and Material Testing Services Contract for — Developer Projects 2024-2029 Page 2 of 16 HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) (a) City may terminate this Agreement for its convenience on 30 days' written notice. (b) Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' of written notice or thereafter fails to diligently complete the correction. (2) If City chooses to terminate this Agreement, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination City of Fort Worth, Texas Geotechnical and Material Testing Services Contract for — Developer Projects 2024-2029 Page 3 of 16 and City shall compensate Consultant based upon calculations in Article II of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article XI Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub -consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub - consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub -consultant reasonable advance notice of intended audit. (3) Consultant and sub -consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article XII Business Equity Participation Not applicable to this contract. City of Fort Worth, Texas Geotechnical and Material Testing Services Contract for — Developer Projects 2024-2029 Page 4 of 16 Article XIII Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and evised Ag eement and that the no mal ule of cont act const uction to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City of Fort Worth, Texas Geotechnical and Material Testing Services Contract for — Developer Projects 2024-2029 Page 5 of 16 City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVII Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVIII Notices Notices regarding Articles IX or X are to be provided to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Zelalem Arega Transportation & Public Works 920 Woodward St Fort Worth, Texas 76107 Consultant: TSIT Engineering & Consulting, LLC Attn: Kemp E Akeman, PE, Executive Vice President 11301 Mosier Valley Road Euless, Texas 76040 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if Consultant has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing City of Fort Worth, Texas Geotechnical and Material Testing Services Contract for — Developer Projects 2024-2029 Page 6 of 16 this contract, Consultant certifies that verification to the City that if Chapter Consultant: (1) does not boycott Israel; term of the contract. Consultant's signature provides written 2270, Texas Government Code applies, and (2) will not boycott Israel during the Article XX Prohibition on Boycotting Energy Companies Consultant acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of Agreement. City of Fort Worth, Texas Geotechnical and Material Testing Services Contract for — Developer Projects 2024-2029 Page 7 of 16 Article XXIII Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of Agreement: Attachment A - Scope of Services Attachment B — Compensation Attachment C — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH 0��- ) Jesica McEachern Assistant City Manager Date: Feb 22, 2024 ATTEST: 4F Fpq ➢L p° ` �'=°p n-\v�(7, C\q, P� �0 B= d3p aEXPS.oa L Jannette Goodall City Secretary APPROVAL RECOMMENDED: By:LaurenP�Rb ,202417:28CST) Lauren Prieur Director, Transportation & Public Works BY: CONSULTANT TSIT Engineering & Consulting, LLC Kona C AAeman, PE Kemp E Akeman, PE (Feb 20, 2024 14:y Kemp E Akeman, PE Executive Vice President Date: Feb 20, 2024 City of Fort Worth, Texas Geotechnical and Material Testing Services OFFICIAL RECORD Contract for — Developer Projects 2024-2029 CITY SECRETARY Page 8 of 16 FT. WORTH, TX APPROVED AS TO FORM AND LEGALITY M&C No.: N/A By: Douglas Black (Feb 21, 202416:20 CST) M&C Date: N/A Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Zelalem Areea 202414,54 CST) Zelalem Arega Construction Manager City of Fort Worth, Texas Geotechnical and Material Testing Services Contract for — Developer Projects 2024-2029 Page 9 of 16 Attachment A - Scope of Services The scope of work may include, but not limited to, the following: Sampling and Testing of Soils and Aggregates: o Atterberg Limits Test o Bar Linear Shrinkage Test o California Bearing Ratio (CBR) Test o Free Swell Test o In -Place Density Test Using Nuclear Gauge o LA Abrasion of Coarse Aggregates o Lime Series Test o Lime/Cement Field Gradation and Depth Measurement o Moisture Content Test o Organic Content Test o Sieve analysis of Fine and Coarse Aggregates o Sodium or Magnesium Soundness Test o Sodium/Magnesium Sulfate Soundness Test o Soil pH Test o Soil -Moisture Relationship (Proctor Test) o Soluble Sulfate Test o Specific Gravity and Absorption of Fine and Coarse Aggregates o Texas Wet Ball Mill (WBM) Test o Unconfined Compressive Strength Test of Soils and Rock Cores Sampling and Testing of Portland Cement Concrete o Making Cylinders/Beams, and Air/Slump/Temperature Tests o Curing and Strength Test of Concrete Cylinders and Beams o Concrete Mix Design Review o Concrete Pavement Coring o Compressive Strength and Depth Measurement of Concrete Cores Sampling and Testing of Hot Mix Asphalt Concrete o Asphalt Content Test by Ignition Method o Asphalt Mix Extraction and gradation Test o Asphalt Pavement Coring and Thickness Measurement o Bulk Specific Gravity Test of Cored Specimens o Bulk Specific Gravity Test of Lab Molded Specimens o In -Place Density of HMAC Pavement Using Nuclear Gauge o Maximum Theoretical Specific Gravity Test • Drilling and Related Services o Auger Boring, Intermittent and Continuous Soil Sampling o High Resistance Soil/Rock Coring • Structural Steel Inspection o Magnetic Particle Testing, Liquid Penetrant Testing, and Ultrasonic Testing o Inspection By a Certified Welding Inspector • Preview plans and specifications for assigned project prior to testing and inspection. • Prepare daily construction progress reports. City of Fort Worth, Texas Geotechnical and Material Testing Services Contract for — Developer Projects 2024-2029 Page 10 of 16 • Take samples of materials for examination or analysis to laboratories; schedule routine lab and density field tests to assure material and workmanship quality; coordinate results of tests with City Project Managers and Inspectors. • Observe work during progress and upon completion. • Perform preliminary and final testing and inspections on routine construction projects; provide input on acceptance of developments. • Prepare various testing and inspection reports as required; maintain files and reports regarding testing and inspection and upload test reports into BIM 360 or Accela. Remarks: Scheduling of Services: Consultant is required to work closely with the Developer (or their Contractor) for scheduling of all services on the project. Test Reports and Invoices: Consultant is required to provide test reports and service invoices to both Developer and City staff. Utility Release Letter: Consultant may be required to submit a "Utility Release Letter" to the City at the end of each utility work (and before liming of the subgrade proceeds) indicating that in place moisture and density tests on the backfill material placed in utility trenches (including franchise) has been performed in general conformance to the City of Fort Worth specification and contract requirements. Materials Testing Summary Letter: Consultant may also be required to submit a "Materials Testing Summary Letter" at the end of the project indicating that all the testing required by the City specification has been performed for the project. Both the "Utility Release Letter" and the "Materials Testing Summary Letter" shall be sealed and signed by a professional engineer. City of Fort Worth, Texas Geotechnical and Material Testing Services Contract for — Developer Projects 2024-2029 Page 11 of 16 Attachment B — Compensation The City of Fort Worth Fee Schedule for Geotechnical and Material Testing Services for Developer Projects TRANSPORTATION Transportation, per trip.......................................................... $55.00/trip SAMPLING AND TESTING OF SOILS AND AGGREGATES Soils and Base Materials Sampling for in -lab test, including tech time and transportation charge (If not scheduled with other work) .................................. $190.00/trip Moisture content — ASTM D2216............................................. $16.00/each Atterberg limits (LL, PL, PI) — ASTM D4318 ............................... $72.00/each Atterberg limits with additive — ASTM D4318 .............................. $78.00/each Soil Visual Classification — ASTM D2488.................................. $18.00/each Bar Linear Shrinkage — Tex-107-E........................................... $40.00/each Organic content — ASTM D 2974............................................. $35.00/each Sieve analysis of fine and coarse aggregates — ASTM C136/136M......................................................................... $94.00/each Percent passing #200 sieve — ASTM D1140/ C117..................... $50.00/each Hydrometer analysis of fine-grained soils — ASTM D7928............. $190.00/each Sp. gravity and Absorption (coarse aggregate) — ASTM C127....... $80.00/each Sp. gravity and absorption (fine aggregate) — ASTM C128............ $80.00/each LA Abrasion of small -size coarse aggregate — ASTM C131........... $325.00/each LA Abrasion of large -size coarse aggregate — ASTM C535........... $325.00/each Sodium or Magnesium Sulfate Soundness ................................ $320.00/each Texas Wet Ball Mill — Tex-116-E.............................................. $255.00/each California bearing ratio (CBR) test — ASTM D1883...................... $340.00/each Standard proctor — ASTM D 698.............................................. $215.00/each Modified proctor — ASTM D 1557............................................. $245.00/each Proctor additional charge for coarse aggregate correction (ASTM D4718)..................................................................... $40.00/each Soluble sulfate test — TEX-145-E............................................. $100.00/each Unconfined compressive strength of soils — ASTM D2166............. $60.00/each Unconfined compressive strength of rock cores — ASTM D7012..... $90.00/each Free swell testing — ASTM D4546............................................ $115.00/each Lime series using PI (6 points) ................................................ $320.00/each Lime series using pH (6 points), Tex-121-E ............................... $305.00/each Soil pH test, Tex-128-E.......................................................... $40.00/each Gradation (lime or cement) and/or lime depth measurement [Min. 3 hours, plus a transportation charge of $55 per trip]............ $65.00/hr. Consolidation Test................................................................ Quote on Request Triaxial test.......................................................................... Quote on Request Direct Shear Test................................................................. Quote on Request In -place Densitv City of Fort Worth, Texas Geotechnical and Material Testing Services Contract for — Developer Projects 2024-2029 Page 12 of 16 In -place density using nuclear gauge, first 1% hour (ASTM D2950/2950M, ASTM D6938)....................................... $205.00/each After the first 1'/2 hour............................................................ $65.00/hr. SAMPLING AND TESTING OF PORTLAND CEMENT CONCRETE (PCC) Concrete Cvlinder and Beam Tests Making cylinders/beams, and air/slump/temperature tests (Min. 3 hours)...................................................................... Transportation (cylinders/beams/air/slump/temp) Cylinder pick-up, including tech time and transportation (If not scheduled with other work) ..................................................... Curing and Strength test of concrete Cylinder — ASTM C39.......... Curing and strength test of concrete beam — ASTM C293/C78...... Concrete mix design and review ............................................. Concrete core Samples (min 4 cores per trip) Transportation.................................................................... . 3" dia. or more concrete coring (Up to a depth of 6").................... After a depth of 6.................................................................. Less than 3" dia. concrete coring (Up to a depth of 6")................. After a depth of 6.................................................................. Core depth measurement...................................................... Sample preparation and compressive strength test (Including measuring, sawing, and capping of cores) ................................. Flagman if needed for safety and traffic monitoring ..................... Professional traffic control ...................................................... $58.00/hr. $55.00/hr. $190.00/tri p $23.00/each $45.00/each Quote on Request $55.00/trip $110.00/each $10.00/Inch $95.00/each $10.00/Inch $17.00/each $78.00/each $58.00/hr. Quote on request SAMPLING AND TESTING OF HOT MIX ASPHALT CONCRETE (HMAC) Asphaltic Concrete Mixes Extraction and gradation Test ................................................. Maximum theoretical specific gravity — ASTM D2041................... Lab molding of specimen (Tex-241-F, Tex-206-F)....................... Bulk specific gravity of lab molded specimen (Tex-207-F)............. Asphalt content by Ignition Method — ASTM D4125..................... Indirect Tensile Strength Test ................................................ Hamburg Wheel Tracking Test .............................................. Asphalt mix design and review ................................................ In -place Densitv In -place density using nuclear gauge, first 1% hour (ASTM D2950/2950M, ASTM D6938)....................................... After the first 1'/2 hour............................................................ Bulk specific gravity of core specimen- Tex-207-F....................... Asphalt core Samples (min 4 cores per trip) Transportation..................................................................... 3" dia. or more asphalt coring (Up to a depth of 6")..................... Aftera depth of 6.................................................................. City of Fort Worth, Texas Geotechnical and Material Testing Services Contract for — Developer Projects 2024-2029 Page 13 of 16 $235.00/each $120.00/each $75.00/each $45.00/each $110.00/each $395.00/each $765.00/each Quote on Request $205.00/each $65.00/hr. $55.00/each $55.00/trip $110.00/each $10.00/Inch Less than 3" dia. asphalt coring (Up to a depth of 6")................... $95.00/each After a depth of 6.................................................................. $10.00/Inch Core depth measurement...................................................... $17.00/each Flagman if needed for safety and traffic monitoring ..................... $58.00/hr. Professional traffic control ...................................................... Quote on request DRILLING AND RELATED SERVICES Mobilization of Drill Rig .......................................................... $475.00/occurrence Drill Rig Standby or access time .............................................. $285.00/hr. Undisturbed samples (Shelby Tubes, fixed piston) ...................... $19.00/foot Auger borings (Hand augers, Drill Rig or Direct push undisturbed sampling) 0' — 50............................................................................... $20.00/foot 50' — 100'........................................................................... $22.00/foot 100' plus............................................................................ Quote on Request Intermittent soil sampling, 5-ft intervals 0' — 50............................................................................... $22.00/foot 50' — 100'........................................................................... $25.00/foot 100' plus............................................................................ Quote on Request Continuous soil sampling 0' — 50............................................................................... $25.00/foot 50' — 100'........................................................................... $30.00/foot 100' plus............................................................................ Quote on Request High resistance soil/rock coring (for soils with N-values greater than 50) 0' — 50............................................................................... $40.00/foot 50' — 100'........................................................................... $45.00/foot 100' plus............................................................................ Quote on Request STRUCTURAL STEEL INSPECTION Certified welding inspector (min 4 hours) ................................. $85.00/hr. Magnetic particle testing (min 4 hours) .................................... $85.00/hr. Liquid penetrant testing (min 4 hours) ....................................... $85.00/hr. Ultrasonic testing (min 4 hours) ............................................... $90.00/hr. Material/Equipment fee ......................................................... N/A ($0.00) PROFESSIONAL AND TECHNICAL SERVICES Principal Engineer................................................................ $240.00/hr. Senior Project/Geotechnical Engineer ...................................... $215.00/hr. Project Engineer/Scientist/Geologist........................................ $170.00/hr. Staff (or Graduate) Engineer/Project Manager ........................... $135.00/hr. Senior Engineering Technician ................................................ $75.00/hr. Engineering Technician......................................................... $58.00/hr. Drafter............................................................................... $67.00/hr. City of Fort Worth, Texas Geotechnical and Material Testing Services Contract for — Developer Projects 2024-2029 Page 14 of 16 REMARKS: Method of Payment: Unless otherwise specified, the price per unit of work or lump sum item includes all engineering, labor, personnel, equipment, materials, sample preparation, report preparation and engineering review, etc., necessary to complete that unit of work. A charge for Project Management (PM) may be included on each invoice up to a maximum of 10% of the total services provided on the invoice (before the PM was added). The most current City of Fort Worth, ASTM or AASHTO test procedures and supporting tests referenced shall be used. Failure to follow the procedures as stated will result in non- acceptance of the testing report by the City and a retest may be required. Pavement Coring: Pavement coring will be paid for at a unit price for asphalt pavement cores and unit price for concrete cores. This includes technician time, operations, equipment, materials and traffic monitoring to cut cores and repair/patch core holes, and report preparation/engineering review. Geotechnical Drilling. Geotechnical Drilling will be paid from top of ground to bottom of the hole at a unit price per foot for soil and rock. These charge items include all operations and materials necessary to advance the hole, including borings for sampling and testing. Mobilization of equipment will be paid for at unit price per occurrence. This includes mobilization and demobilization of all equipment and personnel necessary to perform the subsurface investigation. In -place Nuclear Moisture -Density Testing. The first 1'/2 hour charge item for the nuclear moisture -density test includes technician time, mobilization, transportation, and gauge charges. Report preparation/Engineering Review. The rates in this fee schedule include report preparation and engineering review. There shall not be a line item for report preparation and engineering review for any of the services. The City will request quotes on additional tests not included in this fee schedule and may amend this Agreement to include the additional tests and associated fees. City of Fort Worth, Texas Geotechnical and Material Testing Services Contract for — Developer Projects 2024-2029 Page 15 of 16 Attachment C — Insurance Requirements (attached behind this page) City of Fort Worth, Texas Geotechnical and Material Testing Services Contract for — Developer Projects 2024-2029 Page 16 of 16 EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered bythe commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non -owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincident with or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 FORTWORTH Routing and Transmittal Slip TPW Department DOCUMENT TITLE: TSIT Material Testinq PSA M&C CPN CSO # DOC# DATE: 01 /17/2024 TO: INITIALS 1. Kemp Akeman, PE KAkeman(dtsitengineerina.com (Signer Role) 2. Zelalem Arega (Signer Role) 3. Lewis Gregory (Approver Role) 4. Patricia Wadsack (Approver Role) 5. Lauren Prieur (Signer Role) 6. Doug Black (Signer Role) 7. Jesica McEachern (Signer Role) 8. Ronald Gonzalez (Approver Role) 9. Jannette Goodall (Signer Role) 10. Allison Tidwell (Form Filler Role) 11. Zelalem Arega (Certified Recipient Role) DATE OUT DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes X No RUSH: ❑ Yes X No SAME DAY: 0 Yes X No NEXT DAY: 0 Yes X No FORTWORTH Routing and Transmittal Slip TPW Department DOCUMENT TITLE: TSIT Material Testinq PSA M&C CPN CSO # ROUTING TO CSO: X Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information x Signature/Routing and or Recording ❑ Comment ❑ File DOC# ❑ Attach Signature, Initial and Notary Tabs Return to: Please call 817-392-8930 at ext. for pick up when completed. Thank you.